Many couples live together for years, raise children and buy property, believing they are protected as “common law husband and wife”. However, in England and Wales, there is no such thing as common law marriage. If you separate as an unmarried couple, your rights are very different from those of a married couple or civil partners, and this often comes as a shock at the worst possible time.

At Ison Harrison, our private family team regularly advises clients facing cohabitation disputes over the family home or buy‑to‑let properties. This article explains the basics of your legal position and how the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) might help you.

The “common law marriage” myth

Cohabiting partners do not acquire automatic rights to each other’s property, even after many years together or where there are children. Key points include:

  • Property disputes between unmarried partners are decided largely on property and trust law, not family law concepts of fairness.
  • The court will look closely at legal ownership (whose name is on the deeds or Land Registry documents) and any evidence of a shared ‘beneficial’ interest in property, arising from financial or other contributions or clear agreements.
  • Financial support for children is dealt with separately through the Child Maintenance Service or, in some cases, the family court. It does not automatically give the other parent a share in a property.

Because of this, people can find themselves excluded from the home they helped to pay for, or tied into a mortgage on a property they no longer live in. Getting legal advice early on is crucial.

What is a TOLATA claim?

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) allows the court to resolve disputes about property ownership between unmarried partners, relatives or friends.

Under TOLATA, the court can:

  • Decide who owns what share of a property.
  • Declare that someone has a beneficial interest in a property even if they are not named on the property deeds or Land Registry documents.
  • Order that a property is sold and set out how the sale proceeds should be divided.
  • Determine who is entitled to occupy the property.

A typical example might be where only one partner is named on the mortgage, but both have contributed to the deposit or monthly repayments, or towards work that has been done to improve the home. Alternatively, where both parties are named as joint owners, but one will not agree to sell the property, the court can order the sale of the property.

Evidence the court will consider

When we advise on TOLATA claims, we look carefully at the evidence that supports your position, such as:

  • Who paid the deposit, mortgage and renovation/repair costs
  • Bank statements, transfer records and receipts
  • Any written agreements, declarations of trust or emails and messages discussing ownership
  • Non‑financial contributions, for example project managing extensive renovations, which may support your case when combined with financial evidence

Every case turns on its facts, so tailored advice from an experienced cohabitation solicitor is essential.

How Ison Harrison can help

Cohabitation disputes are emotionally draining and can be financially devastating if you act too late or agree to something without legal advice. Our specialist private family team:

  • Advises clients on cohabitation disputes and TOLATA claims
  • Works closely with our property and litigation teams where needed
  • Focuses on pragmatic, cost‑effective solutions, including negotiation and mediation wherever possible
  • Is experienced in bringing and defending claims where significant equity or family contributions are involved

We will talk you through your options in plain English, outline the strengths and weaknesses of your case and agree a strategy that protects your position.

Take the next step

If you are separating, worried about your rights in the family home, or already in dispute with a former partner, contact Ison Harrison’s private family law team for clear, practical advice on cohabitation disputes and TOLATA claims.

Call us on 0113 284 5000, email family@isonharrison.co.uk or complete our online enquiry form and one of our solicitors will get in touch for an initial discussion.

This article provides general information only and does not constitute legal advice. For advice tailored to your situation, please speak to one of our specialist cohabitation solicitors.